High Court declares suspension of Tier 4 College unlawful

R (TTM Services Ltd) v Secretary of State for the Home Department CO/HQ11X00152: the Claimant ran the Highgate Institute for Professional Development which provided courses to students hoping to enter the hospitality industry. TTM had a licence to issue visa letters / CAS to international students under Tier 4 of the Points Based Immigration system. In a crackdown against suspected abuse in the further and higher education sector the licence was suspended and not reinstated for 10 weeks, a delay which led to collapse of the business and losses in excess of £1,000,000. The liquidator brought a claim under the Human Rights Act 1998 for violation of TTM’s property rights under Article 1 Protocol 1 of the European Convention.

Mitting J, hearing a preliminary issue as to the lawfulness of the suspension, has decided that contrary to the Home Office decision, TTM’s recruitment processes of international students did not pose a serious threat to immigration control. The finding was based upon failures to provide an opportunity to make representations prior to the suspension and failure to follow statutory guidance. The judgment which means that Home Office can no longer seek to justify the decision to suspend, clears the way for a hearing to decide on the issue of financial compensation.

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